BENGALURU – A Special Court in Bengaluru has granted bail to 24-year-old Koushik H R, who was arrested by the Mahadevapura Police for allegedly possessing 10 kilograms of ganja. The court, presided over by Smt. B.S. Jayashree, XXXIII Additional City Civil and Sessions Judge and Special Judge (NDPS), delivered the order on April 3, 2024, noting that the quantity of the drug seized did not meet the “commercial” threshold required for more stringent bail restrictions.
Case Background and Arrest
The case originated from a raid conducted by the Mahadevapura Police on March 14, 2024. According to the prosecution, the Sub-Inspector of Police received credible information at approximately 4:00 PM regarding an individual selling prohibited narcotics near the Diesel Shed on the KR Puram Railway Parallel road.
Acting on this tip, the police team, along with independent witnesses (panchas), conducted a raid and apprehended the suspect, identified as Koushik H R, a resident of Pandavapura, Mandya district. Upon searching his bag, the police allegedly discovered 10 kilograms of ganja. The contraband was seized under a detailed mahazar, and Koushik was subsequently arrested and remanded to judicial custody under Crime No. 234/2024 for offences punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
Arguments for and Against Bail
The petitioner’s counsel, Sri TS, argued that Koushik is a law-abiding citizen who has been falsely implicated in the case. The defense contended that the mandatory procedures for search and seizure under the NDPS Act were not followed by the investigating officers. Furthermore, the counsel emphasized that the quantity of ganja seized was not a “commercial quantity,” which significantly alters the legal criteria for granting bail.
On the other hand, the Public Prosecutor strongly opposed the bail petition, asserting that 10 kilograms of ganja is a significant amount. The state argued that the offence carries a potential punishment of 10 to 20 years of rigorous imprisonment and a heavy fine. The prosecution expressed fears that if released, the accused might tamper with witnesses, abscond, or continue to engage in drug peddling, which “ruins the career of the younger generation.”
Judicial Analysis: Intermediate vs. Commercial Quantity
A pivotal point in the court’s decision-making process was the classification of the 10 kilograms of ganja. Under the Ministry of Finance notification dated October 19, 2001, the weight limits for ganja are as follows:
- Small Quantity: Up to 1,000 grams (1 kg).
- Commercial Quantity: 20 kilograms and above.
The court noted that the seized 10 kilograms falls into the “intermediate quantity” category. Judge B.S. Jayashree cited the Supreme Court decision in Birbal Prasad Vs. State of Bihar, which held that for non-commercial quantities, bail should be considered if the accused is not involved in other cases and certain conditions are met.
The court further observed that when the quantity is less than commercial, the rigorous provisions of Section 37 of the NDPS Act—which make bail extremely difficult to obtain—do not apply. In such instances, the court treats the bail petition similar to those under regular criminal statutes unless exceptional circumstances are presented.
The Court’s Reasoning and Order
The court found that the major portion of the investigation had been concluded since the incriminatory articles were already in police custody. The Judge noted that Koushik has a permanent residence in Mandya and that any risk of him absconding could be mitigated by imposing strict conditions.
“The offence alleged against the petitioner is not punishable with death or imprisonment for life,” the Judge remarked. “Further custodial interrogation is not warranted.”
Consequently, the court allowed the petition. Koushik H R was ordered to be released on bail upon executing a personal bond of Rs. 1,00,000 with two sureties of the same amount. The court also imposed the following conditions:
- The petitioner must report to the Investigating Officer on the first Monday of every month.
- He is prohibited from leaving the jurisdiction of the court without prior permission.
- He must not tamper with witnesses or commit any similar offences while on bail.
- He must furnish photo ID and local address proof for himself and his sureties.
The court warned that any breach of these conditions would lead to the immediate cancellation of his bail. Following this order, Koushik H R is expected to be released from judicial custody upon the completion of the necessary bond formalities.